Former Gauteng ANC secretary Thembinkosi “TK” Nciza has approached the KuGompo City high court to seek a default judgment against arts activist Bandile Magibili. Nciza is pursuing a defamation claim to compel Magibili to pay about R5m.
The Roots of the Legal Dispute
The conflict originates from an interview Magibili gave in September last year on Podcast and Chill with MacG, hosted by MacGyver Mukwevho. During the session, Magibili allegedly claimed that Nciza was responsible for the 2023 death of singer Zahara, born Bulelwa Mkutukana.
Nciza, who co-founded TS Records, scouted Zahara in 2010 in KuGompo City, which was then known as East London. While he initially served as her mentor, their relationship grew strained following her departure from TS Records due to allegations of exploitation and unpaid royalties.
Allegations of Criminality
According to court papers, Magibili made accusations suggesting Nciza was behind the singer’s death and expressed hope that her spirit would rise from the grave to haunt him. Nciza argues these statements are unfounded and harmful, effectively painting him as a criminal.
The court documents state that the utterances have the effect of creating a public image of Nciza as a murderer and are devoid of truth, causing unnecessary harm to his reputation.
Procedural Failures and Default Judgment
Legal representative Dumisani Motsamai stated in a founding affidavit that the summons was served at Magibili’s residence in KuGompo City. Although the summons was issued on February 4 and required a notice of intention to defend by February 18, Magibili did not file such a notice.
The papers further indicate that a letter of demand was sent requesting a retraction and an apology, but Magibili failed to issue a retraction within the stipulated time and has persisted in his stance.
Context of Zahara’s Passing
Zahara died in hospital at the age of 36 due to complications linked to liver disease. In 2019, her manager indicated that her liver disease was linked to alcoholism.
Prior to being discovered by Nciza, Zahara had performed at music and poetry sessions in Buffalo City hosted by Magibili.
Nciza’s Professional and Personal Background
Beyond his business ventures, Nciza has held a significant role in politics, serving as the provincial secretary for the ANC in Gauteng between 2022 and 2025.
He was also married to Mafikizolo singer Nhlanhla Mafu from 2004 until their divorce in 2019.
Potential Next Steps
Given that Nciza has applied for judgment by default, the court may grant the R5m claim if the procedural failures of the defendant are upheld. Alternatively, Magibili could potentially attempt to challenge the default status if he can provide a legal justification for his failure to respond to the summons.
Frequently Asked Questions
What is Thembinkosi Nciza seeking from the court?
Nciza is seeking a default judgment to compel Bandile Magibili to pay about R5m in a defamation claim.
Why is Bandile Magibili being sued?
He is being sued for statements made during an interview on Podcast and Chill with MacG in September last year, where he allegedly claimed Nciza was responsible for the death of singer Zahara.
Why is Nciza seeking a default judgment?
Nciza is seeking a default judgment due to the fact that Magibili failed to file a notice of intention to defend the claim by the February 18 deadline, despite the summons being served at his residence.
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